Judicial panel explores AI’s promise and perils in the courtroom
“Our jobs as judges are — kind of — safe.” With that guarded reassurance, Florida Supreme Court Justice John Couriel opened a candid, wide-ranging conversation about the rise of artificial intelligence in the courtroom, acknowledging both the promise and the unease it brings to the legal profession.
Speaking recently during a panel at the Annual Florida Bar Convention titled “Judicial Perspectives on Technology and AI in the Courtroom,” Couriel didn’t shy away from the elephant in the room: how rapidly evolving AI tools are beginning to reshape everything from case management to courtroom evidence — and what that means for the future of judging itself.
“Judicial Perspectives on Technology and AI in the Courtroom” is now available for free CLE credit through The Florida Bar. The session was recorded June 25 during Part 1 of the Annual Technology Symposium — The Role of AI in the Legal Profession — in Boca Raton.
Justice Couriel acknowledged that many in the legal profession are uneasy about AI’s potential to disrupt their roles. For judges, he said, the work of applying rules and exercising discretion still exists within a “walled garden” — relatively sheltered from automation.
“But it’s not an impenetrable walled garden,” Couriel said.
Judges Martin J. Bidwill, Hunter W. Carroll, Walter J. Havers, and Thomas N. Palermo joined Justice Couriel in a wide-ranging discussion centering around AI. This article touches on a smattering of the ideas they broached.
Judge Bidwill currently serves as chair of the Florida Courts Technology Commission, with Judge Carroll serving as a commissioner and as chair of the FCTC CMS Standards Subcommittee. The FCTC oversees, manages, and directs the development and use of technology within the judicial branch.
Judge Bidwill said society is currently in a transformational period, with a foundation for AI having been built over the past 20-25 years, and the courts now have strategic long-term goals to incorporate and address technology, including AI.
He shared a graphic laying out the intersecting responsibilities of the Florida trial courts’ information systems, which he calls a “tripod,” consisting of the Court Application Processing Systems (CAPS) for court case management used by judges, the Clerk Case Maintenance Systems (CMS) used by clerk staff, and the Courts E-Filing Portal (e-Portal), used by attorneys and self-represented litigants.
Lawyers and pro-se litigants currently use the e-Portal to file cases with the clerks. To enhance the utility of the system, FCTC is working on a case management synchronization project with Florida’s court clerks. Judge Carroll noted that “AI can allow a more streamlined and user-friendly experience.” For more, see the July 1 News article, “Significant Updates Ahead for E-filers and Florida’s E-Filing Portal” and the FCTC 2025 Annual Report.
Judge Carroll further noted that lawyers using AI to provide the specific information judges need “in a condensed, efficient form helps the whole system.” He said this topic is being examined by the FCTC’s Emerging Technology Committee.
The panel agreed that lawyers use AI beneficially to shorten motions; get pre-trial stipulations in on time; organize materials; summarize depositions; create timelines with police reports; and get to the highlights in documents.
Judge Havers noted that post-pandemic, most mediators now work remotely via Zoom. With as many as 10 mediations currently being scheduled for a mediator on the same day with the assumption that some will “drop off,” the biggest challenges occur when bottlenecks happen, and a mediator has multiple Zoom sessions running concurrently. He noted that AI could smooth logistics and said mediation outcomes could be used to train AI in the future –– with the uncertain implication that it could then be used to streamline mediation decisions.
Justice Couriel asked the panelists for their thoughts about having AI serve as a judicial assistant –– presuming it would use a closed environment for client data, as well as how to address AI-generated images being used as evidence. He cautioned that AI is not focused on “truth-seeking,” but on predicting what will please the user.
Judge Palermo suggested that “AI” is a misnomer, saying AI tools are actually “stupid at high speed…This is why you get ‘hallucinations.’”
He compared AI to autocomplete; it is using probability to suggest next words based on analysis of large language models. Drawing a similarity between the user’s option to select the next word or phrase in a text message, attorneys are responsible for choosing the words for a filing.
Judge Bidwill noted that given the incredibly life-like and realistic images and video clips AI is now capable of generating, these tools may recede in impact, even if judges admit them under the rules of evidence.
Judge Palermo noted that soon it may not be possible to discern between AI- and non-AI-generated evidence.
Palermo also suggested the book “Co-Intelligence: Living and Working with AI” by Ethan Mollick as a starting point for framing thinking around AI.
In response to Justice Couriel’s question, “What is AI-proof about judging?” the panelists agreed that confidence in the court system is paramount, saying this is accomplished by making decisions fairly and communicating the element of fairness so clearly that it is perceived as an endemic part of the justice system. At the trial level, judges assess the credibility of witnesses; the panel seemed skeptical that this skill is transferrable to AI. It also remains to be seen whether people will want AI to rule on their court cases.
Justice Couriel shared an anecdote toward the end of the session. He tells his kids that he “listens for a living.” He said his son, who seemed unimpressed, responded with typical teen nonchalance, “Dad, Alexa listens.”
“Judicial Perspectives on Technology and AI in the Courtroom,” a free session video, has been approved by The Florida Bar Continuing Legal Education Department for 1.5 hours of General CLE credit, including 1.5 hours of Technology CLE credit and 1.5 hours of Ethics CLE credit.
The full 4-CLE program is available for purchase in The Florida Bar 24/7 CLE Catalog.
For additional free-CLE videos, visit https://www.legalfuel.com/free-cle/.
